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The plaintiff's respective claims are dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, with detection and extraction equipment for about 20 years, is specialized in detecting and mining metal buried underground, such as gold, and Defendant B obtained information that gold is buried in the site of the second floor of Jongno-gu Seoul Metropolitan Government D ground (hereinafter “instant housing”) and completed the registration of ownership transfer with respect to each of the instant housing purchased 1/2 shares together with Defendant C around April 14, 2014.
B. On May 2016, the Plaintiff discovered the underground space of the instant house by using detection equipment upon Defendant B’s request. As a result, the Plaintiff was presumed to have deposited gold in the instant house. The volume was presumed to exceed the million won when cash was realized.
C. On June 22, 2016, Defendant B knew the fact that the process of work is impossible and commercialized without professional knowledge and experience in mining, Defendant B entered into a business partnership agreement with the Plaintiff on the ground that the detection and extraction of the underground of the instant house between the Plaintiff and Defendant B were jointly carried out by the Plaintiff, and the Plaintiff and Defendant B were jointly carried out by the sale of gold, and that the Plaintiff’s share in earnings is the same as that of the Plaintiff’s two children.
After that, the Plaintiff started detection and extraction operations on the ground of the instant housing, with two children and two vice-persons employed by the Defendant, while residing in the second floor of the instant housing, and extracted up to nine meters above the ground until the first patrol force on June 2018, but did not discover any fact.
E. Around May 2018, the Plaintiff’s assertion that it was discovered in the instant house was false to the investor, which was far far away from the Defendant B’s true statement. Around June 2018, the Plaintiff and the Defendant B were subsequently discovered, and there was no particular buried article.